Since 1 September 2023 the revised Swiss Federal Act on Data Protection (FADP) requires private companies without a seat in Switzerland to designate a representative in Switzerland if they process personal data of persons in Switzerland in connection with offering goods or services or monitoring their behaviour, if the processing is extensive and regular, and if it entails a high risk for the persons concerned (Art. 14 FADP). The representative is the contact point for data subjects and for the Federal Data Protection and Information Commissioner (FDPIC) and keeps a copy of the record of processing activities (Art. 15 FADP). Through our branch office in Felsberg in the canton of Graubünden we take on this role for a flat fee of 350 EUR per year.
Why an EU representative is not enough
Switzerland is not an EU Member State. A representative appointed under Art. 27 GDPR has no function under Swiss law, and the Swiss representative has none under the GDPR. A company that serves both markets needs both, and a Swiss law firm address for the Swiss one. We are one of the few firms that provide both from one desk, because we have offices in Germany and in Switzerland. The EU representative is described on its own page.
Who needs the Swiss representative
The threshold under Swiss law is higher than under the GDPR, because all three conditions of Art. 14 FADP must be met. A large online shop or platform with regular Swiss customers and extensive profiling or tracking meets them, a company with a handful of Swiss customers usually does not. Many companies nevertheless appoint a representative voluntarily, because Swiss customers and business partners increasingly ask for it and because the appointment is inexpensive compared with the discussion. When you send us your website we tell you plainly which case applies to you.
What you get for 350 EUR per year
The written mandate as your Swiss representative, our Swiss address for your privacy policy, the publication of the representative as required by Art. 14(3) FADP, the safekeeping of a copy of your record of processing activities, and the forwarding of every letter and email from data subjects and from the FDPIC on the day it arrives, with the deadline noted. Answering the FDPIC on your behalf is a separate mandate. No German VAT is added for clients outside Germany. The contract runs for one year and renews unless terminated.
Prices are net attorney fees. For business clients outside Germany no German VAT is added.
How to instruct us
Send us your company details and website through the form below. We confirm whether the appointment is required or advisable and send you the contract and mandate for electronic signature. We correspond in English, and you are welcome to write to us in English at any time.